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Internet-Caused Mistrials Are On the Rise
The NYTimes is running a tip-of-the-iceberg story about how the age of Google is resulting in more mistrials as the traditional rules of evidence, honed over many centuries, collide with the always-on Internet. Especially when jurors carry the always-on Internet in their pockets. (We discussed one such case recently.) "The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges. ... Jurors are not supposed to seek information outside of the courtroom. They are required to reach a verdict based on only the facts the judge has decided are admissible, and they are not supposed to see evidence that has been excluded as prejudicial. But now, using their cellphones, they can look up the name of a defendant on the Web or examine an intersection using Google Maps, violating the legal system's complex rules of evidence."
Its just they have adapt these orders to be extremely explicit about the new kinds of communication. Face it, the average juror may not be that sharp and may not realize it until told.
Every juror is searched every day for any electronic device. No cell phones, no Blackberrys, no nothing. If the rules of court allow it, they get pencil and paper. Otherwise, they sit and listen.
This does not preclude someone from going home and looking up information, but it does solve the issue of doing things in court you shouldn't be doing while on a jury.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
The internet just makes it easier and faster for morons to display their stupid. In the old days, that same jackass who just had to twitter about the trial he's on would have been knocking back beer in a local bar and going on about the trial.
I carried my mobile phone all the time, and used it in the common area to talk to my girlfriend, check my email etc.
/. and The Register, NotAlwaysRight.com and other chod websites, and chatted with some other jurours.
I had access to the internet through a wireless hotspot, and I read
I was told that the case had to be decided upon by the edivence heard in court, and that I wasn't to discuss the case outside of the court room or deliberation room. So I didn't. It was that simple.
It's not a question of the rules needing to be changed, it's the need for people to follow them. If they don't, they tarnish the legal process and the people will lose faith. Trial by Jury will become Trial by Media, and we all know that they are TOTALLY unbias.
As usual, this is an education problem, not a rule problem. As IT folk, you should know that the answer is almsot always "educate the user" not "restrict the user".
Finally had enough. Come see us over at https://soylentnews.org/
The jury isn't the trier of law, that's the judge's job. The jury is the trier of fact. Any application of case law independently by a juror, wherever they derived the knowledge and however correct it is, would be misconduct. The jury is to determine the facts, not to apply their own understanding of the law. This is important, because the judge articulates and applies the law, and that articulation is subject to review on appeal. A silent, unexplained application of law by a juror (and, a fortiori, multiple of them by different jurors) cannot be effectively reviewed on appeal because no one knows what it is. The deference given to the juries decision on points of fact (it being overruled on appeal only if the evidence could not reasonably support the conclusion found) is entirely dependent on the premise that the jury is just following the instructions they are given and determining the facts in accordance with those.
That's not to say the rules couldn't be changed, but these aren't just peripheral rules -- to change the rules on what jurors can do upends a lot of the fundamental principles of the jury system. (And that's only dealing with the aspect of the trier of fact vs. trier of law role; then there is the whole question of how they perform the role of trier of fact, and the issue of excluded evidence, which often directly involves the Constitutional rights of the people in court, and Constitutional limits on powers of government.
To an extent, the rise in mistrials is a result of it being easier to detect the kinds of violations that people engage in. It's a lot easier for a party to a case to find out and bring to a judge's attention juror misconduct that consists of or is announced in internet postings than when its just talked about around a watercooler.
Having served on several juries, a number of misconceptions need to be cleared up: You can ask questions. The judge may not like it, but if you submit it properly, do not discuss it with fellow jurors, it might be allowed. The right question can completely screw things up for the prosecution or defense, so you will not be thanked. Juries violate all sorts of instructions all the time, and outside info is part of the game. Getting outside information puts pressure on the legal system to do things right, and they don't like that. I do not recommend causing a mistrial, but at the same time, a juror cannot be expected to remove their brain will serving. During one trial that I was a juror for, the prosecution put on a police officer who stated something that was patently not true. The freeware public defender did not challenge it. I was faced with a dilemma -- quickly verify my correct knowledge (just in case I remembered wrong) or go with the police testimony, and convict an innocent man.
Nothing outside the courtroom should influence your decision in court.
Except that I come into the courtroom with 41 years of real-world experience & education which may or may not be approved by the judge, which may include direct knowledge of relevant laws, and which does include the knowledge that some judges will stifle relevant facts which may throw the case. As a juror, I am not merely a pawn in the game, I am (and intend to remain as relevant) an informed intelligent citizen who holds a 1/12th stake in soveriegnty over the case at hand. Not only are the facts presented up for evaluation by the jury, but the law itself and even the judge are subject to the jury (save only for plainly egregious verdicts). The defendant's freedom, and perhaps life, is at stake - as juror, I owe him more than meek submittal to a judge's biased orders and lawyer's incompetence or ulterior motives. To the officers of the court (attorneys included), the defendant is expendible; the jury should not concur.
Can we get a "-1 Wrong" moderation option?